State of Arizona

Arizona 2023 Election Procedures Manual Challenge (RNC)

Republican National Committee v. Fontes

Lawsuit filed on behalf of the Republican National Committee, Republican Party of Arizona and Yavapai County Republican Party against Arizona Secretary of State Adrian Fontes (D) challenging Arizona’s 2023 Election Procedures Manual (EPM). The plaintiffs allege that Fontes did not provide the public enough notice or opportunity to comment before implementing the  EPM, in violation of Arizona’s Administrative Procedures Act. The plaintiffs argue this invalidates the current EPM and ask the court to block the secretary of state from enforcing the 2023 EPM until he complies with the state’s rulemaking process. 

Republicans also allege that the 2023 EPM rules related to documentary proof of citizenship violate state law. The complaint argues that the EPM also violates state law because it does not require county recorders to research alternative government databases for a voter’s proof of citizenship, limits public access to a registered voter’s signature, allows voters to receive early voting ballots if they live out of state for specific elections, restricts the ability to challenge an mail-in early ballot before it is returned and allows out-of-precinct voting. The plaintiffs are asking the court to block these provisions.

Pro-voting groups intervened to defend the EPM.

A hearing is in this case took place on May 3, 2024.

RESULT: On May 10, 2024, a Maricopa County judge dismissed this case. The Election Procedures Manual remains in effect.

Case Documents

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